SUMMARY: Section 18 of the Occupational Safety and Health Act of 1970
(the Act) requires States operating approved State occupational safety health
programs to remain at least as effective as the Federal Occupational Safety
and Health Administration's (OSHA) program. The Omnibus Budget Reconciliation
Act of 1990, which was enacted on November 5, 1990, amended section 17 of the
Act to provide for increased penalty levels for violations of the Act. (The
revised penalty levels were implemented on March 1, 1991). As a result of
this amendment to the Act. 29 CFR 1953.23 requires State plan States to
effect the necessary statutory changes to their own occupational safety and
health legislation to adopt new State penalty authority equivalent to the
Federal seven-fold penalty increase. This document approves the adoption by
23 State plans of their own statutory authority equivalent to Federal OSHA's
seven-fold penalty increase.

Part 1953 of this chapter provides procedures for the review and approval of
State change supplements by the Assistant Secretary of Labor for Occupational
Safety and Health (hereinafter referred to as the Assistant Secretary).

An amendment to section 17 of the Occupational Safety and Health Act
providing for increased penalty levels for violations of the Act, was signed
into law on November 5, 1990. Omnibus Budget Reconciliation Act of 1990,
Public Law 101-552 section 3101 (1190). (The revised levels were implemented
Federally on March 1, 1991.) As a result of this amendment to the Act, 29 CFR
1953.23 and OSHA Instruction STP 2-1.163, dated May 13, 1991, Revised Federal
Penalty Levels, State plan States were required to effect the necessary
statutory changes to their occupational safety and health legislation to
reflect the new Federal penalty maximums of $7,000 for serious,
other-than-serious, failure to abate, and posting violations, and $70,000 for
willful and repeat violations; as well as the $5,000 floor for willful
violations.

Twenty-three State plan States have revised their legislation to
substantially reflect OSHA's new penalty system. Oregon's revised legislation
includes all provisions, except, through a legislative drafting error,
revision of the penalty for posting violations. Legislation to correct this
omission will be introduced during the State's 1995 legislative session.

Therefore, this approval action does not extend to Oregon's posting
violation penalty authority. The twenty-three States are:

Under current law, State plan States may, but are not required to, have
comparable monetary penalty provisions for their public (State and local
government) sector programs. Two public employee only plan States (New York
and Connecticut) have chosen not to incorporate the new higher penalty system
into their occupational safety and health programs. Connecticut will continue
to assess penalties for public sector violations at the lower levels. New
York assesses penalties for failure to abate violations only and will
continue to do so.

B. Issues for Determination

Having reviewed the States' plan change supplements in comparison to the
Federal change, it has been determined that the States' supplemental changes
to their respective statutes are identical to the comparable Federal
legislative amendments and, accordingly, should be approved.

C. Public Participation

Under 29 CFR 1953.2(c) of this chapter, the Assistant Secretary may
prescribe alternative procedures to expedite the review process or for other
good cause which may be consistent with applicable laws for the following
reasons:

1. The States' legislative changes are substantially equivalent to Federal
statutory changes which were enacted by Congress on November 5, 1990.

2. The States' plan changes were adopted in accordance with the procedural
requirements of State law and, therefore, no further public comment is
required.

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